Nilon v. Natural-Immunogenics Corp et al

Filing 109

ORDER ADOPTING REPORT AND RECOMMENDATION 84 . Nilon's motion for terminating sanctions, to hold Natural-Immunogenics' counsel in contempt, and for monetary sanctions 74 is denied. Signed by Judge Larry Alan Burns on 4/24/15.(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ANDREW NILON, individually, and on
behalf of all others similarly situated,

CASE NO. 3:12-CV-00930-LAB (BGS)

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ORDER ADOPTING REPORT AND
RECOMMENDATION (DOC. NO. 84)
RE: PLAINTIFF'S MOTION FOR
TERMINATING SANCTIONS (DOC.
NO. 74)

Plaintiff,
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vs.

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NATURAL-IMMUNOGENICS CORP.,
Defendant.

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Nilon filed a motion for terminating sanctions, to hold Natural-Immunogenics' counsel

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in contempt, and for monetary sanctions. (Docket no. 74.) Judge Skomal issued a report

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and recommendation (the “R&R”) on Nilon's motion, recommending that it be denied.

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(Docket no. 84.)

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Objections to the R&R were due on February 19, 2015. Nilon didn't file an objection.

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“The district judge must determine de novo any part of the magistrate judge’s disposition that

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has been properly objected to.” Fed. R. Civ. P. 72(b). “A judge of the court may accept,

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reject, or modify, in whole or in part, the findings or recommendations made by the

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magistrate judge.” 28 U.S.C. § 636(b)(1). The “statute makes it clear that the district judge

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must review the magistrate judge's findings and recommendations de novo if objection is

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made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (en banc).

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The Court has nonetheless reviewed the R&R and agrees with its rationale and

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conclusions. The R&R is ADOPTED. Nilon's motion for terminating sanctions, to hold

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Natural-Immunogenics' counsel in contempt, and for monetary sanctions is DENIED.

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IT IS SO ORDERED.

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DATED: April 24, 2015

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HONORABLE LARRY ALAN Burns
United States District Judge

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